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The Eviction in Spain

When LAU (Law 29/1994 of November 24, on Urban Leases ("LAU")) is the applicable law to the rental contract in this regard, as well as the Spanish Civil Code itself in Spain, we could take into consideration:

FIRST. — Arts. 35 and 27 of Law 29/1994 on Urban Leases include the possibility of promoting the resolution of the contract by right in the case of non-payment.

SECOND. — Art. 1,551 of the Civil Code by which the lessee is obliged to pay the rental price in the agreed terms.

THIRD. — Art. 1,569 of the Civil Code by virtue of which the landlord can judicially evict the tenant for not paying the agreed price.

FOURTH. — Regarding the claim for income due. The art. 1.091, provides that: "The obligations arising from the contracts have the force of law between the contracting parties, and must be fulfilled in accordance with the same."

FFTTH. —The owner of the property could present a submission claim together with the documents that it deems to accompany with, filing to the corresponding Court a request for a VERBAL TRIAL OF EVICTION FOR NON-PAYMENT OF THE RENT AND CLAIM OF AMOUNT (basically that’s a long name for an eviction lawsuit in Spain) so that after the procedures pertinent legal requests to be issued a judgment by the Court in which the leasing contract that is the subject of the procedure could be declared terminated, condemning the defendant to vacate the property subject to this procedure within the legal terms, leaving it totally free, empty and expeditious at the disposal of the plaintiff, with notice of launch, also the defendant would be ordered to pay the amounts owed, an amount that will accrue the legal interest on the moneys from the filing of this lawsuit. The defendant would be ordered to satisfy the income due that accrues after the filing of this claim until the effective delivery of the rented property and it would be also ordered to pay the costs caused.

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